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DEPARTMENT OF COMMERCE 
BUREAU OF FISHERIES 

HUGH M. SMITH, Commissioner 



LAWS OF STATES BORDERING ON 
MISSISSIPPI AND OHIO RIVERS 

t DIGEST OF STATUTES RELATING TO THE 
PROTECTION OF FISHES AND OTHER 
COLD-BLOODED AQUATIC ANIMALS 



By EMERSON STRINGHAM 

Assistant, U. S. Bureau of Fisheries 



appendix ii to the report of the u. s. commissioner 
of Fisheries for 1918 




Bureau of Fisheries Document No. 866 



PRICE, 5 CENTS 

Sold only by the Superintendent of Documents, Government Printing Office 
Washington, D. C. 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1919 



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DEPARTMENT OF COMMERCE 

BUREAU OF FISHERIES 

■ HUGH M. SMITH, Commissioner 



FISH LAWS OF STATES BORDERING ON 
MISSISSIPPI AND OHIO RIVERS 

A DIGEST OF STATUTES RELATING TO THE 
PROTECTION OF FISHES AND OTHER 
COLD-BLOODED AQUATIC ANIMALS 



By EMERSON STRINGHAM 

i; 
Assistant, U. S. Bureau of Fisheries 



Appendix II to the report of the U. s. Commissioner 
of fisheries for 1918 




Bureau of Fisheries Document No. 866 



PRICE, 5 CENTS 

Sold only by the Superintendent of Documents, Government Printing Office 
Washington, D. C. 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1919 



©.-•' tf J. 

iUL 14 1919 






*\ 



CONTENTS 



Introduction 5 

I. State authority in interstate waters 6 

II. Names of fishes 8 

III. Time, place, and manner of capture 10 

IV. Size limits for aquatic animals 16 

V. Licenses required and fees therefor 17 

VI. Shipping and selling fishery products 19 

VII. Definitions and miscellaneous provisions 20 

3 



Digitized by the Internet Archive 
in 2011 with funding from 
The Library of Congress 



http://www.archive.org/details/fishlawsofstatesOOstri 



FISH LAWS OF STATES BORDERING ON MISSISSIPPI AND OHIO RIVERS: 
A DIGEST OF STATUTES RELATING TO THE PROTECTION OF FISHES AND 
OTHER COLD-BLOODED AQUATIC ANIMALS. 



By Emerson Stringham, Assistant, U. S. Bureau of Fisheries. 



INTRODUCTION. 

In 1917 there was issued a digest of laws of Mississippi River 
States." This is now revised to January 1, 1919, and extended to cover 
all States touching the Ohio River, thus taking in Indiana, Ohio, West 
Virginia, and Pennsylvania. Some additional information has been 
inserted because of repeated inquiries received during the past two 
years. 

In order to keep the pamphlet within reasonable bounds certain 
subjects have usually been omitted. These are: 

(a) Declarations that the title to fish and other wild animals is in 
the State. 

(b) Prohibitions against contamination of waters. The subject of 
pollution has been covered in a comprehensive manner by Public 
Health Bulletin No. 87 of the United States Public Health Service, 
entitled " Stream Pollution," prepared by Stanley D. Montgomery 
and Earle B. Phelps. 

(c) Special provisions for counties and other subdivisions, except 
in some cases where they are evidently of interest to a considerable 
number of people. 

(d) Complicated details of restrictions on commercial fishing in 
some cases, though an effort has been made to indicate all laws on 
commercial fresh-water fishing. 

(e) Laws for salt-water fishing. 

(/) Penalties, administration, and procedure, including authority 
to arrest, seize unlawful implements, rewards for information as to 
violations, forgery of licenses, provisions for witnesses, limitations on 
times within which actions may be commenced, sale or destruction 
of things confiscated, and disposition of fines, fees, or other payments 
to officials. 

. (g) Requirement that licenses be available for exhibition to 
wardens at the time of fishing. 

(h) Laws against having prohibited tackle in possession and against 
having fish in possession smaller than the legal limit, or during closed 
seasons, or in excess of bag limit, or if caught unlawfully. These pro- 
visions are of the greatest importance as aids to enforcement, but 
ordinarily they do not interest the law-abiding citizen. 

a Emerson Stringham: Fish Laws of Mississippi River States. Report, U. S. Commissioner of Fish- 
eries for 1916, Appendix IV, document No. 840, 16 p. 1917. 



6 FISH LAWS OF MISSISSIPPI AND OHIO RIVEK STATES. 

(i) Authorization for State officials to propagate and rescue fish 
or assist in stocking waters, or to take fish for scientific purposes. 

(;') Provisions declaring it a crime to remove fish from the nets of 
another. 

The omission of provisions as to administration is not due to a 
belief that these are of minor importance. Probably they are as 
well worth attention as the provisions for size limits and other 
matters. In most fields of legislation efficient administration is now 
recognized to be at least of equal importance with wise substantive 
provisions. But the question of administration is so different that 
it seems better not to attempt to combine it with this brief treatment 
of closed seasons and such matters. Of the 14 States under con- 
sideration only Illinois (25, 46), Minnesota (4761), and Pennsylvania 
(1903, act 92) have statutory provision for officials concerned 
exclusively with fisheries. 

For subjects not covered in this digest, for amendments made 
after 1918, and for the texts of the laws that are digested herein, the 
statutes, or the pamphlet copies thereof, may be consulted. Pam- 
phlets are prepared m each of these 14 States, except Mississippi. 
It is understood that they may be obtained from the following 
sources : 

Arkansas. — The game and fish commission, Little Rock. 

Illinois. — The 'chief game and fish warden, Springfield. 

Indiana. — The commissioner of fisheries and game, Indianapolis. 

Iowa. — The State fish and game warden, Spirit Lake. 

Kentucky. — The fish and game commission, Frankfort. 

Louisiana. — The department of conservation, New Orleans. 

Minnesota. — The State game and fish commissioner, St. Paul. 

Missouri. — The State fisn commission, 3311 Chippewa Street, St. 
Louis. 

Ohio. — The chief warden, secretary of agriculture, Columbus. 

Pennsylvania. — The commissioner of fisheries, Harrisburg. 

Tennessee. — The department of game and fish, Nashville. 

West Virginia. — The forest, game, and fish warden, Philippi. 

Wisconsin. — The State conservation commission, Madison. 

This digest is based upon an examination of session laws and 
official or semiofficial compilations thereof. While the examination 
went to these sources in all cases, the references made by numbers 
in parentheses are to sections of the pamphlet copies of the laws 
issued by the State game departments, except in some cases where 
the year of enactment is given, and excepting Indiana and Mississippi; 
these numbers are the same as those given in the sources mentioned, 
except for Iowa and West Virginia. In the Indiana pamphlet most 
of the sections are without numbers, and references herein not other- 
wise indicated are to Burns's Annotated Statutes (1914). Mississippi 
has no pamphlet edition of its game and fish laws, and references 
are to Hemingway's Annotated Code (1917); the 1918 session of the 
Legislature of Mississippi did not make any amendments. 

I. STATE AUTHORITY IN INTERSTATE WATERS. 

It is a common belief among Mississippi River fishermen, in some 
localities, that the States have no authority to protect fish on that 
river because, in their expression, it is "a Government water." The 
belief is wholly without legal basis, and in those regions where the 



FISH LAWS OF MISSISSIPPI AND OHIO RIVEE STATES. 7 

State wardens have diligently enforced the law the fishermen do not 
seriously entertain this opinion. It arises chiefly from laxity, past 
or present, on the part 01 State officials. 

The Mississippi Kiver is a "Government" river in the sense that 
questions of navigation are subject to the jurisdiction of the Federal 
Government. But it was long ago settled by the United States 
Supreme Court that the States may protect the fisheries of navigable 
waters. In the case of Smith v. Maryland (18 Howard, 71 (1855)) 
that court decided an appeal from a conviction for dredging oysters 
in violation of the law of Maryland. The accused, Isaac R. Smith, 
owner of the sloop Volant, contended that the law of the State of 
Maryland was repugnant to that part of the United States Constitu- 
tion which grants to Congress the power to regulate commerce among 
the States. In that case not only were the operations carried on in 
the navigable waters of Chesapeake Bay, but the ship was enrolled 
and licensed by the United States to be employed in the coasting 
trade and fisheries. The court affirmed the conviction, maintaining 
that the State holds the property in the soil under the waters for the 
conservation of the public rights of fishery therein, and may regulate 
the modes of that enjoyment so as to prevent the destruction of the 
fishery. "In other words, it may forbid all such acts as would render 
the public right less valuable or destroy it altogether." 

A later Supreme Court case, Manchester v. Massachusetts (139 
U. S., 240 (1890)), was argued for the fisherman by one of the leaders 
of the bar — Joseph H. Choate. This eminent counselor said: "We 
do not question the right of the State to regulate its own fisheries 
within its own soil or tidewaters." He acknowledged that within 
the tidewaters there has been no grant of power over the fisheries .to 
the United States; but he argued that the State had no jurisdiction 
upon the ocean, even within 3 miles offshore. The court, however, 
decided in favor of the State of Massachusetts, holding that the State 
possessed authority to prohibit the use of various kinds of nets in the 
navigable waters of Buzzard's Bay. Quoting the language of the 
same court in an earlier opinion, it said: 

The title thus held is subject to the paramount right of navigation, the regulation of 
which, in respect to foreign and interstate commerce, has been granted to the United 
States. There has been, however, no such grant of power over the fisheries. These 
remain under the exclusive control of the State, which has consequently the right, in 
its discretion, to appropriate its tidewaters and their beds to be used by its people as a 
common for taking and cultivating fish, so far as it may be done without obstructing 
navigation. 

Whether the United States could make laws for the protection of 
fish in navigable waters is not settled by these cases. In the Man- 
chester v. Massachusetts case the court said: 

We do not consider the question whether or not Congress would have the right to 
control the menhaden fisheries which the statute of Massachusetts assumes to control; 
but we mean to say only that, as the right of control exists in the State in the absence 
of the affirmative action of Congress taking such control, the fact that Congress has 
never assumed the control of sach fisheries is persuasive evidence that the right to 
control then remains in the State. 

The Supreme Court of Iowa has held that its fish laws extend from 
bank to bank of the Mississippi. State v. Movers (155 Iowa, 678 
(1912)). The Supreme Court of Wisconsin, on the contrary, has held 
that the laws of Minnesota for the protection of fish, control only to 
the main channel of that river. Roberts v. Fullerton (117 Wis., 222 



8 



FISH LAWS OF MISSISSIPPI AND OHIO RIVER STATES. 



(1903)). Whatever rule may finally prevail as to the right of a State 
to enforce its fish laws beyond the State line in rivers subject to con- 
current jurisdiction, there is no conflict as to its right to enforce these 
laws on that part of the river within its own boundary. 

It is clear from these decisions that, in the absence of legislation 
by Congress, the States have a complete right to provide fish protec- 
tive legislation for navigable waters. But it is not to be concluded 
from this that the National Government is wholly uninterested. 
The central authority is concerned with any question which affects 
the general welfare, and the food supply is certainly of this character. 
The United States Government is, moreover, specifically concerned 
with fishery resources for the reason that the Bureau of Fisheries 
plants millions of fishes and mussels in the waters of the different 
States. Because of this interest the Bureau endeavor to assist in 
the task of securing both adequate development of aquatic products 
and their effective protection. 

As a war measure the Food Administration has licensed and regu- 
lated salt-water fishermen; but the State laws not in conflict with 
these regulations remained in effect. 



II. NAMES OF FISHES. 

As the same species or genus is given different names in different 
statutes, and even in the same statute, the names by which the fishes 
will be distinguished herein are listed, together with cross references 
from other names that are in common use or are found in the stat- 
utes. When a genus includes more than one species, all the species 
are often, perhaps usually, included under one English name, so 
that such names are commonly generic rather than specific, at lea'st 
on the Mississippi River. Because of the infinite confusion in the 
use of these popular names it can not always be determined with 
certainty to what species or genus a statute refers. Care has been 
taken to be as accurate as possible under these circumstances. 



Alewife. Pomolobus Rafineaque, all 
American species. 

Barfish. See Bass, striped. 

Bass. Sometimes means black bass and 
striped bass, and sometimes appears 
to include other species also. 

Bass, black. Micropterus Lacepede, 
both species. 

Bass, calico. See Crappie. 

Bass, gray. See Bass, black. 

Bass, green. See Bass, black. 

Bass, largemouth. Micropterus sal- 
moides (Lacepede). See Bass, black. 

Bass, Oswego. See Bass, black. 

Bass, rock. Ambloplites rupestris (Ra- 
finesque), and probably Chsenobryttus 
gulosus (Cuvier and Valenciennes). 

Bass, silver. See Bass, striped; Crap- 
pie. 

Bass, smallmouth. Micropterus dolo- 
mieu Lacepede. See Bass, black. 

Bass, strawberry. See Crappie. 

Bass, striped. Roccus chrysops (Rafin- 
esque) and Morone interrupta Gill. 

Bass, -white. See Bass, striped; Crap- 
pie. 



See Bass, black. 

See Bass, striped; also 



all 
Ra- 



Bass, willow. 

Bass, yellow 
Bass, black. 

Billfish. See Gar. 

Black-fin. See Cisco. 

Bluegill. See Sunfish. 

Bowfin. Amiatus calvus (Linnaeus) 

Buffalofish. Ictiobus Rafinesque, 
species, -and probably Carpiodes 
finesque, all species. 

Bullhead. Ameiurus Rafinesque,all spe- 
cies, doubtless excepting lacustris (Wal- 
baum), if there be such a species. 

Burbot. Lota maculosa (Le Sueur). 

Carp. Cyprinus carpio Linnaeus, and 
probably (but not in Illinois) Carpio- 
des Rafinesque, all species. 

Carp. German. See Carp. 

Cat, shovel-nose. See Paddlefish. 

Cat, spoonbill. See Paddlefish. 

Catfish. Ictalurus Rafinesque, all spe- 
cies; Leptops olivaris (Rafinesque); and 
in some cases all species of Ameiurus, 
the bullheads. 

Catfish, stone. Noturus Rafinesque 
and Schilbeodes Bleeker, all species. 



FISH LAWS OF MISSISSIPPI A1STD OHIO RIVER STATES. 



9 



Char. See Trout. 

Chub. See Minnow. The "chub" of 
Illinois (Lake Michigan) is herein 
called cisco. 

Cisco. Leutichthys Dybowski, or Ar- 
gyrosomus Agassiz, all species. See 
also Tullibee. 

Crappie. Pomoxis Rafinesque, both 
species. 

Dace. See Minnow. 

Dogfish. See Bowfin. 

Drum, fresh-water. Aplodinotus grun- 
niens Rafinesque. 

Eel. Anguilla rosirata (Le Sueur). 

Eel-pout. See Burbot. 

Fallfish. Semotilus bullaris Rafinesque 
(in Pennsylvania). The species is 
more generally known as chub; it is 
in the minnow family. 

Gar. Lepisosteus Lacepede, all species. 

Gaspergou. See Drum, fresh-water. 

Goggle-eye. See Bass, rock. 

Grayling. Thymallus Cuvier, all spe- 
cies. 

Grinnel (Grindle). See Bowfin. 

Hackleback. See Sturgeon. 

Herring. See Alewife; also Cisco. 

Herring, lake. See Cisco. 

Jackfish. See Perch, pike. 

Killinsh. Fundulus Lacepede, all spe- 
cies, and possibly other species of the 
family Pceciliidae. 

Lawyer. See Burbot; also Bowfin. 

Longj aw. See Cisco. 

Minnow. Cyprinidae, except Cyprinus 
carpio Linnaeus, the carp. The word 
"minnow" is sometimes used loosely 
for all small fishes except game fish. 

Mullet. See Redhorse. 

Muskellunge. Esox masquinongy Mit- 
chill. 

Paddlefish. Polyodon spathula (Wal- 
baum). 

Perch. As used in Louisiana this name 
appears to mean sunfish and rock bass. 

Perch, black. See Bass, rock. 

Perch, lake. See Perch, yellow. 

Perch, pike. Stizostedion Rafinesque, 
both species. 

Perch, ring. See Perch, yellow. 

Perch, silver. Undetermined (West 
Virginia). 

Perch, white. See Drum, fresh-water; 
also Crappie. 

Perch, yellow. Perm flavescens (Mit- 
chill). 

Pickerel. Esox Linnseus, all species ex- 
cept masquinongy, the muskellunge. 

Pike. See Pickerel. The "pike" of 
Wisconsin and Iowa is herein called 
pike perch. 

Pike, blue. See Perch, pike. 

Pike, grass. See Pickerel. 

Pike, sand. See Perch, pike. 

Pike, wall-eyed. See Perch, pike. 

111446°— 19 2 



Pike, western. See Muskellunge. 

Quillback. Carpiodes Rafinesque, all 
species. In some States it may be in- 
tended to include these under the terms 
carp or buffalofish. 

Red-eye. See Bass, rock. 

Redhorse. Moxostoma Rafinesque, all 
species, and Placopharynx duquesnii (Le 
Sueur). 

Rock. See Bass, striped. 

Sac-a-lait. See Crappie. 

Salmon. Usually means landlocked sal- 
mon, but may also include pike perch 
in some cases. 

Salmon, jack. See Perch, pike. 

Salmon, landlocked. Salmo sebago Gi- 
rard. 

Salmon, Susquehanna. See Perch, 
pike. 

Salmon, wall-eye. See Perch, pike. 

Salmon, white. See Perch, pike. 

Salmon, yellow. See Perch, pike. 

Sauger. Stizostedion canadense (Smith). 
See Perch, pike. 

Shad. Alosa sapidissima (Wilson). 

Shad, gizzard. Dorosoma cepedianum 
(Le Sueur). 

Shad, hickory. See Shad, gizzard. 

Sheepshead. See Drum, fresh-water. 

Spoonbill. See Paddlefish. 

Sturgeon. Acipenseridee, and possibly 
in some States Polyodon spathula (Wal- 
baum), the paddlefish. 

Sucker. Catosomidee, except, usually 
or always, the genera Ictiobus, Carpiodes,. 
Moxostoma, and Placopharynx. 

Sunfish. Lepomis Rafinesque, all spe- 
cies. 

Trelipie. See Tullibee. 

Trout. Salvelinus (Nilsson) Richardson, 
all species except Salvelinus namaycush 
(Walbaum), the lake trout, and its sub- 
species; also Salmo (Artedi) Linnseus, 
all species of the region except Salmo 
sebago Girard, the landlocked salmon. 
See also Trout, lake. In the South 
black bass are sometimes called trout. 

Trout, brook. Salvelinus fontinalis 
(Mitcbill). See Trout. 

Trout, brown. See Trout. 

Trout, green. See bass, black. 

Trout, lake. Cristivomer, or Salvelinus 
namaycush (Walbaum). 

Trout, rainbow. See Trout. 

Trout, salmon. Name used on Great 
Lakes for Trout, lake. 

Tullibee. Leucichthys tullibee (Richard- 
son), and probably other species of the 
same genus; name used in Minnesota. 
See also Cisco. 

Wall-eye. Stizostedion vitreum (Mit- 
chill). See Perch, pike. 

Whitefish. Coregonus (Artedi) Linnaeus, 
all species. 



10 FISH LAWS OF MISSISSIPPI AND OHIO RIVER STATES. 

III. TIME, PLACE, AND MANNER, OF CAPTURE. 

Arkansas. — -Bag limit on "trout," black bass, striped bass, rock bass, and crappie 
is 25 fish. (55). Explosives and drugs shall not be used to take or injure fish (45, 46). 
Shooting fish is forbidden (47). Nets may be used only as follows: Hoop nets with- 
out wings, or with wings not over 50 feet long, the mesh of net and wings to be at 
least 3 inches square; a minnow seine not exceeding 16 feet in length used by a person 
licensed to fish with artificial bait; a seine not more than 60 feet long with mesh at 
least 1£ inches square, used by picnic parties to catch fish for their own use, June 15 
to September 1 (49). The fish and game commission may issue permits for taking 
with nets fish for distribution and propagation in the State (50). Except with line 
and not over three hooks, fish shall not be taken during the spawning season; until 
otherwise determined by the commission this is declared to be March 15 to May 15 
(48, 53, 54). It is unlawful to take fish from an inclosed or artificial pond which has 
been posted by the owner. (Act approved Feb. 16, 1875.) 

Illinois. — No fish may be taken within 100 feet of any dam (25). A seine not over 
20 feet long with mesh not less than £ of an inch square may be used to take minnows 
for bait only (37). Hoop, fyke, dip nets, or baskets with mesh not less than 1£ inches 
square, may be used July 1 to April 15 and seine with same mesh September 1 to 
April 15, except for black bass, pickerel, pike perch, whitefish, trout, cisco, and 
yellow perch (35). Gill and pound nets with mesh not less than 2\ inches square 
may be used for whitefish and lake trout December 1 to November 1 (36). Gill, 
dip, and pound nets with mesh not less than \\ inches square may be used for cisco, 
or with mesh not less than 1^ inches square for yellow perch, provided not over 10 
per cent of catch at any lift consists of lake trout of a less weight than 1\ pounds 
dressed each, and such lake trout may be sold only locally and not shipped (36). 
Maximum lengths for nets are: Hoop, fyke, or pound 200 yards and seine 1,000 yards; 
they shall not obstruct more than half the width of a watercourse (39). 

The commission may set aside fish preserves in which fishing with other devices 
than hooks and lines, or minnow seine for bait, may be practiced only by special 
permit (25, 37). _ 

Drugs, explosives, firearms, artificial lights, snare spears, gig graines, and trammel 
nets shall not be used to catch fish (40, 40b). 

It is unlawful to fish in private ponds without the owner's consent (40b). 

Persons authorized by the United States may take fish for propagation or distri- 
bution and may destroy gizzard shad and gar; the University of Illinois and its agents 
may take fish for scientific purposes (38, 51). 

Mussel fishing may be practiced commercially 'with one boat only or an additional 
boat for towing, and with only two crowfoot bars not over 16 feet long each, and only 
one dredge not over 3 feet long; such fishing is permitted from only April 15 to No- 
vember 30 (55). The commission may close areas to mussel fishing for periods not 
exceeding five years (57). 

Frogs over one-fourth pound shall not be taken in May or June (34). 

Structures excluding daylight or used for concealment in ice fishing are prohibited 
(40a). 

Indiana. — Shallow waters designated by the commissioner of fisheries as breeding 
grounds shall not be fished between March 20 and July 1 (2533a). Closed season for 
trout (except in boundary waters) is September 1 to April 1, and trout waters (except 
boundary waters) may be closed for three years by the commission. (1917, ch. 42.) 
Bag limits (not applicable to private ponds) are 50 sunfish or crappie, and 12 bass, 
or 20 bass in one boat (2543), or 20 trout, possibly excepting trout from boundary 
waters. (1917, ch. 42.) It is unlawful to fish in private ponds without the owner's 
permission, or to enter upon inclosed land for the purpose ,of setting a trot line 
(2549 T 2551). 

In interior waters (and as to net, seine, or traps within 100 yards of Indiana tribu- 
taries to boundary rivers) the following kinds of tackle are prohibited: Trot line with 
hooks smaller than five-sixteenths of an inch from point to shank, hook and line 
attached to floating device, gig, spear, seine, net, or trap of any kind. (2533b, as 
amended by 1915, chs. 16 and 2541.) Exceptions are made in favor of owners of 
private ponds, and persons catching minnows for bait in minnow traps and minnow 
seines not more than 12 feet long, 4 feet deep, "and the meshes of which shall not be 
larger than one-fourth of an inch" (2532, 2541); but minnows may not be taken in 
State breeding grounds for trout. (1917, ch. 42.) Except in boundary waters trout 
may be caught by hook and line only. (1917, ch. 42.) Fish other than carp, gar, 
bowfin, and sucker shall not be shocked by electricity nor caught by unaided hand 
or gaff (2548a). Fish shall not be shot (2539), nor taken or injured by means of 
stupifying or poisonous substances (2541, 2547) or explosives (2548). 



FISH LAWS OF MISSISSIPPI ANT) OHIO PJVER STATES. 11 

Fishing by other means than hook and line is prohibited on or near fish ladders 
(2534, 7446). 

In Lake Michigan and its bays and harbors gill and pound nets may be used for 
taking whitefish, lake trout, yellow perch, cisco, and rough fish; complicated restric- 
tions are made as to size of mesh; gill nets must have flags attached. (1917, ch. 40.) 

Iowa. — Closed seasons are as follows: Salmon and trout between October 1 and 
April 15; bass, pike perch, crappie, pickerel, catfish, and other game fish between 
December 1 and May 15 (2); in interstate waters pike perch, bass, and crappie, 
March 31 to June 1, inclusive (13). Bag limits for interior waters are 40 of the species 
first named, and not over 20 of them shall be bass, pike perch, or pickerel (2, 10). 

Fishing is prohibited in streams stocked with breeding trout over 2 years old within 
one year from the date of stocking, if notice be posted (2). In ice fishing on interior 
waters no structure for protection against the weather or means for creating artificial 
heat may be used (2, 10). Except as stated in the following paragraphs fishing is 
limited, in interior waters, to two lines with one hook each, or three united hooks 
used in trolling (2, 5, 10). 

A seine not exceeding 5 yards in length with three-eighths inch mesh may be used 
for taking minnows for bait (4). 

One trot line may be used, May 15 to December 1, in streams including the Big 
Sioux River and the boundary portion of the Des Moines River, but it shall not ex- 
tend more than halfway across (2, 11). Spears may be used to take carp, sucker, 
redhorse, and buffalofish in waters on the bottom lands and islands of Mississippi 
River (2). 

From certain lakes, buffalofish, carp, quillback, redhorse, suckers, and gar may be 
taken in nets under special permit and supervision of warden, but no seine shall be 
used December 1 to June 15 (9). Nets may be used by licensees in Mississippi and 
Missouri Rivers, and shall have mesh not less than 2\ inches stretch measure (2, 11). 
It is unlawful to net food fishes in interstate waters and not use them (14). 

Tackle other than rod, line, and hook may not be used within 300 feet of a fishway 
or dam (2). Drugs, explosives, and electricity shall not be used to take fish (3). 

Fish in private ponds may be taken by the owner by any means; other persons 
shall not take fish from such ponds without the consent of the owner (8). 

Kentucky.- — In boundary streams all fish except black bass may be taken in seines 
and hoop nets without wings, having mesh not less than \\ inches square. In navi- 
gable streams improved with locks and dams the same may be done, but the mesh 
must be not less than 2 inches square. Nets shall not be used nearer than 200 yards 
from the mouth of any stream, nor from a lock or dam, and shall not be used above the 
last lock and dam, and shall not be used during May. (1918, ch. 67.) 

Except as stated in the preceding paragraph and except in private ponds, it is for- 
bidden to take fish by other means than lines and set lines (1, 2, 5), or dynamite or 
drugs (3), or to shoot fish (4), or to kill or stun fish by striking upon the rocks or ice (6). 
Minnows may be taken for bait (7). Entering without consent upon the lands of 
another for the purpose of fishing is unlawful (1252, 1259). 

Louisiana.— Bag limit is 25 black bass, striped bass, or crappie, and 100 "perch" 
and sunfish (resolution of conservation commission, now department of conservation, 
adopted Sept. 10, 1912). Black bass, striped bass, crappie, "perch," and sunfish 
shall be caught only with line having not more than five sets of hooks or with trolling 
line and artificial bait (40). Seines may be used for taking minnows or shrimp for 
bait (33). 

Hoop nets are prohibited in bayous, lagoons, and streams less than 40 yards wide 
and seining in fresh water is prohibited, except in certain waters for common species, 
such as buffalofish and catfish under permit by the department (33); letter of the 
president of the commission, now department, to Dr. H. M. Smith, United States 
Commissioner of Fisheries, dated October 25, 1915, includes paddlefish and "gas- 
pergou " (fresh-water drum) as such common species. Seines shall not be used within 
100 feet of the shore and shall not exceed 900 feet in length; splashing of water or 
pounding of boat to drive fish into seine is not permitted; vegetation hauled out with 
seine must be returned to the water; gars taken in seine must be killed. (Rules on 
permits issued by department pursuant to sec. 42.) Permits may be revoked if 
shown to be detrimental to game and fish resources (33). Hoop nets must be made 
of twine and be at least 3-inch mesh on bar between knots (64). Seine, hoop net, or 
set line shall not be used for buffalofish between February 15 and April 15, nor for 
paddlefish between January 1 and July 15, nor for catfish between May 15 and July 
15; no paddlefish shall be had in possession which does not contain roe suitable to 
be made into caviar (37). Puddling water to catch fish and using lights, fyke, gill, 
or trammel nets or other permanent set means are prohibited (44, 45, 55); hoop nets 
are probably not intended to be included in this prohibition, for they are regulated 
as hereinbefore noted. Explosives and drugs shall not be put into public waters (57): 



12 FISH LAWS OF MISSISSIPPI AND OHIO KIVER STATES. 

The department may prohibit the taking of any kind of fresh-water fish in any 
part of the State for not over three years (52). 

The department may grant written permits to take fish for the purposes of science, 
cultivation, or distribution (47). 

The department may adopt regulations for the protection and propagation of frogs 
and alligators; and fix the season during which and the size at which they may be 
taken or sold; but such regulations shall not prevent the killing of alligators found 
damaging levees or canals. (1918, house bills Nos. 118 and 120.) 

Diamond-back terrapin, unless artificially propagated, shall not be taken between 
April 15 and June 15 (60, 61). Nest or eggs of terrapin must not be molested. (1910, 
act 50.) 
f Salt-water operations for fish, shrimp, and oysters are regulated by several acts. 

Minnesota. — Closed season for trout or salmon, except lake trout caught in inter- 
national waters, is September 1 to May 1 in northern part of State, and September 1 
to April 15 in southern part; for blackbass, March 1 to June 15 in northern part of 
State, and March 1 to May 29 in southern part; other varieties of fish March 1 to May 1 
(4807). In interstate waters the closed season for black bass is the same, and for other 
game fish it is March 1 to May 1 (4830). 

Bag limits are 25 crappie or trout, 15 pike perch, 15 bass, except rock bass, and no 
person shall have in possession more than 25 bass, except rock bass (4808), and the 
taking of over 25 fish in one day is prohibited, with exceptions (4896). Crappie, 
trout, pike perch, and bass (except rock bass) shall be taken only with hook and line, 
and not more than one line shall be used, and it shall have not more than one bait, 
except that three artificial flies may be used in trout fishing (4808). Provision is made 
for closing trout streams to all fishing except during season for trout (4857-4859). And 
there are provisions for the more thickly populated localities (4885-4895). 

Fishing in a lake or stream within 50 feet of a fish way is forbidden (4864). 

Fishing on Sundays is unlawful. (Gen. Stat, of 1913, sec. 8753.) 

Fishing in certain waters by means of set lines (4835, 1917, ch. 333, sec. 4), fish 
house (4866, 1917, ch. 96, sec. 10), and tip-ups (4867-4868) is regulated. Spears may 
be used for specified food fish, subject to numerous restrictions (4808). 

Netting in inland lakes for whitefish and tullibee for domestic use is permitted 
with numerous restrictions (4808), likewise gill netting for herring for domestic use 
and not for sale. (1917, ch. 176.) The taking of fish from shallow waters is provided 
for. (1917, ch. 84.) The game and fish commissioner may catch and sell specified 
rough fish where it appears that they are detrimental to game fish. (1913, ch. 477;) 
In the Mississippi River within the State (from Falls of St. Anthony to 1,000 feet above 
the mouth of the St. Croix River) pound net, seine, or dip nets may be used to take 
sturgeon, redhorse, bowfin, buffalofish, catfish, pickerel, carp, and suckers, as follows: 
Not within 1,000 feet of mouth of a stream; pound net not over 75 feet long; seine 
not over 150 feet long; mesh in all cases not less than 2\ inches on bar (4819). Net- 
ting in certain waters is allowed for specified rough fish, under supervision of warden 
and subject to exceptions and to provisions as to mesh, bond, and reports, except for 
most waters, April 1 to October 1. (1915, chs. 261 and 348: and 1917, ch. 386.) 

In international waters nets and set lines may be used by United States citizens 
resident in Minnesota, under restrictions as to size, mesh, number of nets, leads, 
position, and seasons. (1917, chs. 96 and 333.) 

In the St. Croix River and the interstate portion of the Mississippi River, fish, 
except catfish under 15 inches rough, 12 inches dressed, pike perch, pickerel, bass, 
sunfish, yellow perch, and crappie, may be taken by residents of Minnesota and, 
provisionally, of Wisconsin (4845) with nets, set lines, and spears, except April 15 to 
June 15 (4826-4835); no license is required for spearing (4833); the mesh is limited 
for each kind of net and for different parts of the same kind (4834); set lines may have 
not more than 300 hooks, shall not be baited with live bait, and no person may have 
more than one (4835); nets must bear license number above water; and seines shall 
not be longer than 4,000 feet and shall not be raised at night (4840); fyke nets must 
be raised at least weekly (4841). 

Drugs or explosives shall not be used to take fish (4865). 

The accredited representative of any incorporated society of natural history or 
college may collect fish for scientific purposes under permit of the game and fish 
commissioner (4771). 

Mussel fishing may be practiced commercially with one boat only, or an additional 
boat for towing, and with only two crowfoot bars not over 20 feet long each, and only 
one dredge not over 3 feet long with prongs or forks nor more than 4 inches long, and 
it is lawful to use a pitchfork; the commission may close areas to mussel fishing for 
periods not exceeding five years. (1917, ch. 471.) 

Com mission may prescribe a ' ' closed season ' ' permanently or for a number of years for 
frogs (and game birds and animals protected by law) in certain districts. (1915, ch. 288.) 



FISH LAWS OF MISSISSIPPI AND OHIO KIVER STATES. 13 

Mississippi. — Boards of supervisors have authority to regulate the time and the 
places in which and the circumstances under which fish may be taken (4700-4703); 
they may entirely prohibit the catching of fish for one or more years or seasons when 
they believe that the supply is about to be exhausted (4704) ; they may prohibit the 
use of seines, barrel nets, gill nets, and other like contrivances, or any of them, or 
may restrict the use of the same to places which annually go dry, and may prohibit 
or regulate the use of the same in particular waters, and may prescribe what kinds of 
seines or nets may be used and when and where (4707). The use of fish traps may be 
prohibited or regulated by boards, and every fish trap which wholly obstructs the 
passage of fish shall be unlawful ('4708). Fish shall not be taken by means of explo- 
sives (902), and shall not be poisoned (1062). Fishing on Sunday (1105) or on the 
premises where the owner has posted a notice forbidding it is unlawful (1135). 

Missouri. — Gigging and spearing are prohibited from December to April, inclusive; 
all fishing except hook and line and gigging are prohibited during April and May; 
not more than 50 pounds of fish, in addition to one individual fish, shall be gigged or 
speared in one day, and that for domestic use only (6548). Fishing through ice is 
prohibited (6549). 

A glass or wire minnow trap, or a seine not more than 20 feet long and 4 feet wide 
may be used to take. minnows and small sunfish for bait; residents may net fish for 
food, but not for commerce, from temporary overflows; the owner of the land, or other 
person by his permission, may use a 2-inch-mesh seine to take fish from unnavigable 
streams during July, August, and September, for consumption, but not for sale; 
bowfin, paddlefish, and gars may be taken at any time and in any manner, except 
by explosives (6548). 

Seines, trammel, and hoop nets with mesh at least 2 inches square may be used in 
the Mississippi and Missouri Rivers from June to March, inclusive, but not within 
300 yards of the mouth of any stream or slough. With the exceptions just stated, and 
excepting also fish taken in private pond or reservoir wholly upon the premises of 
the owner or occupant and by his consent, it is unlawful to take fish by any means 
other than hook and line, gig, spear, trot line, or artificial bait (6548). Fishing devices 
shall not obstruct the free passage of fish through watercourses (6535). Within 200 
feet of a fishwav fish may be taken only by means of pole, line, single hook, and 
natural bait (6549). 

Fish shall not be taken by means of explosives or drugs (6537, 6538). 

Under permit by the game and fish commissioner fish may be taken for scientific 
or propagating purposes (6568). 

Pearl fishing is prohibited from March to June, inclusive (6551). 

Ohio. — For black bass the closed season in inland district is the month of May, 
and in Lake Erie district May 25 to July 15, inclusive (1428). Trout and salmon may 
be caught only from April 15 to September 15, inclusive (1431). Bag limits are 12 
black bass or 40 sunfish; black bass, crappie, and rock bass may be taken only with 
hook and line (1428). Trespassing on a private fishery is unlawful. (1912, Gen. 
Code, sees. 10174 and 12525.) Fishing on Sunday is forbidden. (1912, Gen. Code, 
sec. 13048.) Fishing in inland district is permitted only with hook and line, and in 
streams, by the owner of the adjoining land or under his consent, with trot line, bob 
line, or spear (1426). Ice fishing in inland district is permitted only through two 
holes not more than 2 J feet each in diameter; not more than two hooks shall be used 
on one line (1427). Minnows may be taken only for bait; in inland waters they may 
be caught with a seine not exceeding 4 feet by 8 feet, and in the Lake Erie district 
by a seine not exceeding 30 feet in length (1433). Explosives, poisonous substances, 
and electricity shall not be used to take fish (1446). 

Fish in pools left by receding waters may be taken in any manner (1456). 

Closed season for netting in the Lake Erie district is December 16 to March 14, 
inclusive (1434, 1442). In this district the following kinds of tackle may be used: 
Pound, gill, fyke, trap, and devil net, seine, trot line, and hook and line limited to 
three hooks; no fish shall be driven into any net by noise or other disturbance (1438). 
The mesh of gill nets shall not be less than 3 inches, stretched factory measure; pound 
and fyke nets shall have a specified portion with not less than 2|-inch mesh, and that 
portion shall not be puckered (1441). Netting is prohibited in parts of the district 
(1439, 1440, 1450, 1452). Carp may be taken at any time in waters connected with 
Lake Erie by a seine having mesh not less than 4 inches stretch, or by other nets 
authorized by the secretary of agriculture (1453). 

Turtles may be netted only with "single seine or net" with mesh 4 inches square 
(1432). 

Pennsylvania. — Closed seasons on fish are as follows: Trout, August 1 to April 14, 
inclusive; lake trout, September 30 to June 30, inclusive; black bass, rock bass, striped 
bass (fresh-water), crappie, pike perch, pickerel, muskellunge, and yellow perch, 
December 31 to June 30 (15). In boundary lakes the closed season on black bass, 



14 FISH LAWS OF MISSISSIPPI AND OHIO RIVER STATES. 

rock bass, crappie, muskellunge, and pickerel is November 1 to May 20, inclusive. 
(1913, act 71, sec. 4.) Bag limits are 25 trout; 25 striped bass, rock bass, and crappie; 
12 black bass; 25 pike perch; 25 pickerel; 4 muskellunge; 50 yellow perch; 50 sunfish 
(35). In boundary lakes the limits are 25 rock bass or crappie and 12 black bass, 
muskellunge, or pickerel. (1913, act 71, sec. 4.) 

Only a single rod and line, or one hand line with not more than three hooks, may 
be used to take trout, pike perch, pickerel, muskellunge, fall fish, black bass, crappie, 
striped bass (fresh-water), and rock bass; other fish may be taken only by rods and 
lines or one hand line with not more than three hooks attached, all to be under the 
immediate control of the person using them (4, 6, 45). 

Minnows, killifishes, and stone catfish may be taken in dip net or minnow seine not 
over 4 feet in diameter, or a minnow trap with not more than one opening, which 
shall not exceed 1 inch in diameter (5, 45). 

The commissioner may promulgate rules for catching fish (121), and may set aside 
small streams and lakes as nurseries, and, after publishing and posting notice, prohibit 
fishing therein (124). 

Sunday fishing is prohibited (10). Within 100 feet of the lower end of any fishway 
or dam, or within any other distance specified in a notice posted by the commissioner, 
only rod, hook, and line fishing is permitted (92). 

Electricity, explosives, and poisonous substances shall not be used to take fish. 
(100; 1913, act 71, sees. 5 and 6.) 

Fishing for scientific research, or propagation, or stocking may be carried on under 
permit from the commissioner (120). 

In boundary lakes black bass, rock bass, crappie, muskellunge, and pickerel may 
be caught only with "rod and line having not more than three hooks, or with a hand 
line having not more than three hooks, or a spear used for catching carp and suckers 
only or with a trolling line with spoon hooks attached;" in bays or waters on any 
peninsula of boundary lakes any kind of fish may be taken only by means of rod 
and line or hand line, either to have not more than three hooks attached, or with 
a trolling line with spoon hooks attached; exceptions are made in favor of minnow 
nets. (1913, act 71, sees. 1-3.) 

In boundary lakes, subject to the limitations just stated and at distances from bays, 
streams, and the shore varying for different kinds of nets, licensees may use gill nets 
with mesh at least 3 inches stretch measure and not more than 30 meshes deep, or 
if for lake trout with mesh at least 5^ inches stretch measure; also pound nets with 
crib having mesh at least 2\ inches stretch measure, trap nets with mesh at least 
2\ inches stretch measure, and set lines called "night " lines. (1913, act 71, sees. 9 
and 11, as amended by 1915, act 226.) Nets, except gill and pound nets, must be 
tagged (1913, act 71, sec. 15.)._ 

. Sturgeon fishing in Lake Erie shall be stopped for five years when the same pro- 
visions is made by Ontario, New York, and Ohio. (1917, act 32.) 

For shad, alewife, catfish, suckers, eel, and carp, licensees may use from March 1 
to June 20 in the Susquehanna River from McCall's Ferry Dam to the Maryland 
State line, and within the limits of tidewater, the following kinds of tackle: Haul 
seine or shore seine,' dip net, or hold-in net, sometimes called a moon rake, "with 
diameter of not more than 3 feet at the widest point and a length of not more than 7 
feet from heel of the bow, being the point of jointure of the sides of the bow at the 
handle." The mesh must be not less than \\ inches, knot to knot, while being 
fished (55-58). 

Fishing on the Delaware River is regulated by special acts. (1889, act 240, and 
1909, acts 201 and 269, and amendments.) 

Fishing by unnaturalized foreign-born residents is forbidden. (1915, act 84.) 

The closed season on bullfrogs and tadpoles is from November 1 to July 1, inclusive, 
and on terrapin from March 15 to November 1; limits on catches are 25 bullfrogs or 
tadpoles in a day, 50 bullfrogs in a season, 5 terrapin in a day, and 50 terrapin in a 
season; bullfrogs shall not be taken by the use of a light at night. (1917, act 180.) 

Tennessee. — Closed season on trout, black bass, landlocked salmon, crappie, and 
rock bass is from May 1 to June 15 (47). 

Trammel nets, baskets, dip nets, and set nets with mesh at least 2 inches in width 
may be used by licensees in Cumberland, Mississippi, Tennessee, Big Sandy, Obion, 
and Forked Deer Rivers, but not within 200 feet of any inlet nor within 300 feet of 
any lock or dam (49). With this exception, and also excepting the taking of fish 
from private ponds, and the seining of minnows for bait, fish shall not be captured 
by nets, traps, gun, gig, grabhook, poison, explosives, or any means other than rod 
and line and trot line (45). Minnows so taken must be under a length of 4 \ inches, 
and the net must not be over 10 feet long (46). 

West Virginia. — Closed season on pike perch, black bass, rock bass, pickerel, 
suckers, carp, and redhorse is April 1 to July 1, and on trout and landlocked salmon 
from August 1 to July 1 (42). Fishing on Sundays is prohibited (26). Small fishes, 



FISH LAWS OF MISSISSIPPI AND OHIO RIVER STATES. 15 

■except salmon, bass, shad, and trout may be taken for bait or scientific purposes 
by means of hand or cast nets (42). The only tackle permitted is hook and line 
and trot line having hooks not less than 2 feet apart, and hand or cast nets to take min- 
nows for bait; other tackle may be used by the owner to take fish from private springs 
-or ponds, and persons other than the owner shall not take fish from such waters (42). 
Drugs, explosives, and electricity shall not be used to take fish (46, 47). Fishing on 
lands of another person without permission is forbidden (48). 

Wisconsin. — The conservation commission may determine, after petition and 
hearing, in what manner, in what numbers, in what places, and at what time wild 
animals (includes fish) may be taken (29.21). 

Closed seasons (omitting provisions for special counties or bodies of water) are as 
follows, all dates being inclusive: Black bass from March 2 to June 14; "Oswego 
bass, greenbass, and yellow bass," from March 2 to May 28 (as these names are popular 
synonyms for black bass it is impossible to know certainly what the closed season is, 
in this State, for black bass); yellow perch and sunfish in counties bordering on the 
Mississippi River, and rock bass, white bass, catfish, muskellunge, pike perch, and 
pickerel in the State generally, from March 2 to May 28; trout, from September 1 to 
April 30: sturgeon, all year (29.19). The season for hook and line fishing in the 
Mississippi River, except for black bass, opens May 1 (29.19). 

Bag limits are 10 black bass, 30 rock bass, 35 trout, 10 pike perch, 15 pickerel, 2 
muskellunge, 10 catfish, but no catfish limit on Mississippi River, 30 pounds of bull- 
head (29.19). _ 

All fishing is prohibited in streams and creeks containing trout, during the close 
season for trout; or at any time in any spring hole or artificial well connected with 
any of the waters of the State; or by means of shutting or drawing off water for that 
purpose; or within 200 feet (more in some localities) of any fishway, lock, or dam 
except with hook and line (29.26). 

Not more than three lines may be used, each having not more than two hooks or 
one spoon or artificial bait each. Spearing for rough fish is prohibited in unnavigable 
waters containing trout, in navigable waters containing trout, during the closed season 
for trout, also in certain specified waters, and at night time in inland waters. The 
use of snag line or snag pole is prohibited (29.27). 

Fishing through ice is prohibited in certain waters; spearing of pickerel through 
the ice is permitted in the Mississippi River and its lakes, bays, bayous, and sloughs; 
fish shelters may be used on the Mississippi River and certain other waters (29.28). 

Explosives, poisonous substances, and other substances deleterious to fish life, or 
which might attract fish in unusual numbers shall not be used for taking fish, except 
that cisco may be baited with oatmeal for the purpose of catching them with hook 
and line through the ice (29.29). 

Minnow seines not over 40 feet long (100 feet in Great Lakes waters) and 5 feet 
deep, and dip nets not exceeding 6 feet in diameter, may be used for taking rough 
fish minnows for bait; but in trout streams they must be used only under the super- 
vision of a deputy warden (29.32). 

Net and set-line fishing is regulated as follows: No apron or other device to catch 
■small fish shall be used in pound net; no net shall shut off more than one-half the 
channel or passageway of any stream, or be set within 1,000 feet of any other net; no 
licensee shall join his net to that of any other licensee; flags bearing the license 
number must be maintained over nets and lines; licensees in Gre$,t Lakes waters 
must permit State officials to accompany them and the officials may at any time 
raise set lines; except in specified Great Lakes waters, no net shall be drawn or lifted 
from one hour after sunset until sunrise; all rough fish taken in nets in inland waters 
shall be brought to shore and disposed of, butnot returned to the water; sizes of nets 
specified mean the size, stretch measure, at the time of use (29.30). 

Set lines may be used in certain waters with hooks not smaller than 5-0, and with 
not over 25 or 300 hooks, depending on locality (29.37). 

Elaborate and complicated regulations are provided for net and set-line fishing in 
Great Lakes waters (29.33). Net fishing is prohibited in the Mississippi River and 
Lakes Fepin and St. Croix from April 16 to June 14, also at all times in specified 
waters, and for catfish under 15 inches rough, 12 inches dressed, pike perch, bass of 
any variety, crappie, sunfish, pickerel, sturgeon, and yellow perch; in said waters 
seines shall not exceed 4,000 feet, and mesh shall be not less than 5 inches on the 
wings or 4 inches in the center of the pot, the pot not exceeding 150 feet, and gill 
nets shall have mesh not less than 7 inches, and pound or hoop nets not less than 
6 inches in the leaders, 5 inches in the hearts, or 3 inches in the hoops, and bait nets 
shall be used without leads, have mesh not less than 3 inches and front hoop not over 
4 feet (29.34). 

Dip netting is allowed in specified inland waters (29.31). Provision is made for 
netting whitefish and cisco in inland lakes (29.35) and for netting rough fish in Winne- 
bago waters (29.36). 



16 



FISH LAWS OF MISSISSIPPI AND OHIO RIVER STATES. 



The commission is authorized to net from inland waters (with exceptions) rough 
fish found to be detrimental to game fish, and to dispose of them to the best interest 
of the State (29.62). 

The commission may authorize the taking of fish for scientific purposes or propa- 
gation (29.17, 29.01, 29.51). 

The operation of private hatcheries is provided for (29.50, 29.52). 

Crawfish and crabs shall not be taken between March 1 and July 1, nor frogs from 
March 1 to May 1, except that frogs may be had in possession by a person in the busi- 
ness of propagating them, or when used for scientific purposes (29.20). Frogs shall 
not be taken from lands owned by another without his consent (sec. 4565dm). 

Nonresident mussel fishermen may use one boat only. Mussels shall not be taken 
with a dredge (29.38). 

IV. SIZE LIMITS FOR AQUATIC ANIMALS. 

Minimum Sizes of Fishes and Other Aquatic Animals, with References to the 

Laws in Each State. 



State and citation of statute. 


M 

o 

03 


o 

e3 

pq 


•6 

IB 




03 

sS 
B 


d 

03 

o 


■5 
a 


03 
Q 


w CD 

sf 

s 

ft 


a 
B 

m 


'3. 

.C 
M 

Ph 


o 

o 
Ph 




In. 

11 
10 
10 

11 

10 
8 
9 
11 
10 
9 
7 
8 


In. 

6 
6 


In. 

8 
8 


In. 

(a) 
18 


In. 
7 


In. 

(a) 
15 


In. 

(a) 
613 


In. 
8 
8 
6 

8 
8 


In. 

(«) 

10 


7m. 


7n. 
11 
13 
12 

15 
12 


In. 


Illinois,*) sees. 41, 42, 42A, 56. 


7 


Iowa, interstate waters, 
dsec. 13 


8 
10 
8 


15 




15 


13 

10 

12 

(/) 

013 

ftl5 


















12 






















(/) 


(/) 
11 
"9 
12 






5 
6 
6 


8 

A 10 

6 








8 
5 
6 
6 


10 




Ohio, h sees. 142S, 1442 


A 16 


ft 9 


ftl4 


h 9 


Pennsylvania, i sec. 25 




24 


• 6 












"West Virginia, ; sec. 42 

Wisconsin, certain Great 
















7 
13 
13 












12 


15 
15 








8 


Wisconsin, State generally, k 
sees. 19, 29 


10 


6 


7 










24 



















<z Measurements to be from end of nose to fork of tail. Limits on sale only, and do not apply to minnows 
used for bait. Limits given by weight are as follows: Blue or channel catfish and drum, 2 pounds; carp 
and buffalofish, 3 pounds. 

bFish measurements are taken for "the length of the entire fish from the extreme tip of the snout tc the 
extreme end of the tail fin," and turtle and terrapin for the extreme ends of the upper shell. Restrictions 
do not apply to pole and line fishing. The limit on lake trout and whitefish is 1J pounds, dressed. The 
catfish restriction is confined to "blue and channel catfish." 

c Section 2542 and ch. 42 of 1917. The size limit on trout does not apply to boundary waters. 

d A different size ljmit (in interstate waters) is set for the species of sturgeon, being 1 pound for the sand 
sturgeon, shovel-nose sturgeon, or hackleback Scaphirhynchus platorhynchus (Rafinesque), and 3 pounds 
for the rock sturgeon or lake sturgeon Acipenser rubicundvs Le Sueur; the former would perhaps include 
the white sturgeon Parascaphirhyncus albvs Forbes and Richardson. The restrictions as to interstate 
waters do not apply to hook and line or spear fishing. 

eThe terrapin restriction is only on the diamond-back. Size limits for salt-water species are fixed by 
other acts. 

/Sections 4827 and 4873 and ch. 471 of 1917. Measurements are taken from tip of snout to fork of tail; a 
different size limit is set for the two species of pike perch, being 14 inches, or 1 pound dressed, for the wall- 
eye, and 10 inches for the sauger. The limit on lake trout and salmon from inland waters is 16 inches. 
Catfish under 15 inches tip to tip rough, or 12 inches dressed, shall not be taken in nets in interstate waters. 
The limits for international waters are: Sturgeon, 15 pounds dressed; lake trout, 2 pounds round, or un- 
dressed, and H pounds dressed; whitefish, 16 inches; wall-eye, 14 inches, or 1 pound round; muskellunge, 
30 inches; sauger, 10 inches. The language of the statute is not perfectly clear, but these restrictions seem 
to be limited to international waters. Mussels, except "pigtoes," shall not be taken smaller than If inches. 

9 Measurements are taken from end of nose to fork of tail. The restrictions are applicable only to fish 
sold. The catfish restriction is limited to "blue and channel catfish." 

A Measurements are made from end of nose to longest tip of tail (1449). Restrictions on striped bass, 
buffalofish, bullhead, carp, catfish, "pike," yellow perch, sturgeon, and whitefish apply only to com- 
mercial fishing in the Lake Erie district, and even here it is lawful to retain 3 per cent, by weight, of under- 
sized fish, or 10 per cent of "pike"; the whitefish limit is If pounds. Catfish and sturgeon shall not be 
brought ashore in such condition that the length can not be measured. 

'The limit on sturgeon applies only to boundary lakes (1913, act 71, sec. 10). 

j Measurements are taken from end of snout to center of fork of tail. 

fc Measurements are taken from tip of snout to tip of tail. The restrictions as to Great Lakes fish limit 
only licensees m those waters; any such licensee taking undersized fish shall bring them ashore and notify 
the conservation commission or its deputy and the latter shall dispose of them. 



FISH LAWS OF MISSISSIPPI AND OHIO RIVER STATES. 



17 



Minimum Sizes of Fishes and Other Aquatic Animals, with References to the 
Laws in Each State — Continued. 



State and citation of statute. 


"3 

u 

M 
o 


•6 
a 

o o 
AS 
H 

EC 


a 

o 

bo 

u. 

a 


u 

a 
M 

a 
3 

m 


02 


a 

o 


M 

a 

a 

o 
u 

Ei 




"3 
a 


» 

£ a 
11" 

3 
Eh 


"S-a'a 

Co c3 

o t. © 
« cwS 

wg.fi 

■5 ? c 
.a >.os 


® I'd 




In. 
11 

18 
12 

18 
12 


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Illinois,* sees. 41, 42, 42A, 56. 








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Iowa, interstate waters, 
d sec. 13 




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Wisconsin, certain Great 






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Wisconsin, State generally,* 
sees. 19, 29 








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For footnotes see page 16. 

V. LICENSES REQUIRED AND FEES THEREFOR. 

Arkansas. — Licenses are issued by the game and fish commission and by the 
circuit clerk of the State (10, 11); fees are payable to the State treasurer or circuit clerk 
of the county (23). The fee for a resident for fishing with artificial bait is $1.10; for 
a nonresident for fishing, $5, or for a single 15-day trip in the year (not including the 
right to take fish out of the State), $1.25 (17). Fishermen catching fish to sell must 

Eay $25 if using hoop nets, $10 if using lines or set lines, and for each helper, $5 (19). 
>ealers must pay to the State treasurer one-sixteenth of a cent for each pound of fish 
purchased in the State, this amount to be collected but one time, and from the first 
dealer purchasing (20). 

Illinois. — Licenses are issued by city, village, and county clerks (23). Fees for 
net fishing are as follows, the amounts in parentheses being for nonresidents: Each 
100 yards of seine, $5 ($10); dip or fyke net, $1 ($2);-hoop net. 50 cents ($2); basket or 
trap net, 50 cents (?); in operation of gill or pound nets, steam tug, $25 ($200). gasoline 
launch, $15 ($50), sail or row boat, $10 ($30) (22). Clerk's fee is 25 cents extra (23). 
Owners of property, their children and tenants, may do net fishing, without license, 
from waters wholly within their property and not connected with any open stream 
(22). Gill and pound nets shall be operated from only a boat, as listed hereinbefore 
(39). The fee for conducting a wholesale-fish business is $10.50 (24). The com- 
mercial mussel fishing fee is $1.25 for residents and $25.50 for nonresidents, plus in 
either case $25 if a dredge is used (55). 

Indiana. — Resident licenses to fish (and hunt) are issued by the commissioner of 
fisheries, or his agents, in Marion County, and elsewhere by clerks of the circuit 
courts; the fee is $1 ; owners of farm lands, their children living with them, and tenants 
may fish upon their lands without license ; any person may fish in the county in which 
he resides and adjacent counties without license; children under 18 and wives of 
licensees may fish without license (2529). Nonresident licenses to fish are issued by 
clerks of the circuit court of the counties, and the commissioner, and persons appointed 
by him for that purpose; the fee is $1; children under 18,. wives of licensees, and per- 
sons having hunting licenses are not required to have licenses (9366a). 

Licenses for netting in Lake Michigan are issued by the commissioner; the amounts 
range from $1 to $300, depending upon the kind of boat used, if any, and upon whether 
the fisherman is resident or nonresident. (1917, ch. 40.) 

Iowa. — Nonresident licenses for males over 16 years old to fish are issued by county 
auditors; the fee is $2. (1917, ch. 168.) 

Licenses for net fishing in the Mississippi and Missouri Rivers are issued by the 
State fish and game warden. The fees are as follows: Each 500 feet of seine, $10; 
pound net having more than 100 feet of lead on each side, $4; pound net with less lead, 
$1; each bait, dip, hoop, and fyke net, 50 cents; each 300 feet of trammel net used 



18 FISH LAWS OF MISSISSIPPI AND OHIO RIVER STATES. 

for floating fishing, $5. Metal tags at 10 cents each are required to be used and non- 
residents must give bond (11). 

Kentucky. — Netting licenses are issued by the county clerks. The fees for resi- 
dents are $1.25 for one net, and $1 for each additional net; for nonresidents the fees 
are doubled. (1918, house bill, 181.) 

Louisiana. — Licenses are issued by the department of conservation. Fees for 
seines are as follows: Less than 300 feet, $25; 300 to 600 feet, $50; 600 to 900 feet, $100 
(33). Fees for wholesale dealing in fresh- water fish are $5 to $150, depending on the 
amount of business and whether the dealer is a resident or nonresident (34, 35). Fees 
for vessels purchasing fresh-water fish to make a cargo are $5 to $40, depending on 
tonnage of boat (36). The resident fee for buying and selling diamond-back terrapin 
is $25, and for buying, selling, and shipping, $100; the fee for nonresident or un- 
naturalized foreign-born resident for buying, selling, or shipping is $200 (63). 

The fees for salt-water operations are fixed by several acts. 

Minnesota. — Nonresident pole and line licenses are issued by the county auditor 
(4880) and other licenses by the State game and fisn commissioner and deputies (4881). 
Licenses of Wisconsin are accepted if it reciprocates. (4845 and ch. 471 of 1917.) 

Fees for fish house (4866), tip-up license (4868), nonresident pole and line license 
if fisherman is over 21 years old (4879), and for netting in inland lakes for whitefish 
and tullibee (4808), or for herring (1917, ch. 176) are $1. 

The fee for seine, pound, or dip nets in the Mississippi River within the State is 
$5 for each net (4819). In international waters the fees are based upon the vessel 
used in Lake Superior, and upon the tackle used in other lakes. (1917, chs. 96 and 
333.) In interstate waters the fees are: For seine, $1 a hundred feet up to 500 feet, 
then $2 a hundred to 1,000 feet, then $3 a hundred to 1,500 feet, then $4 a hundred 
to 2,000 feet, then $5 a hundred to 2,500 feet, then $6 a hundred to 4,000 feet; for gill nets, 
$5 for 2,000 feet, and $5 for each additional thousand; for pound net with leader 
not exceeding 700 feet, $5, and for each pound net in excess of one used with one 
leader, $5; each fyke or hoop net, $5; each bait or turtle net or set line, $1 ; metal tags 
are 25 cents each (4836). Fee for inland commercial fishing is 10 per cent or more of 
gross receipts plus expenses and compensation of warden. (1917, ch. 386.) 

The commercial mussel-fishing fee is $5 for residents and $50 for nonresidents, plus 
in either case $25 if a dredge is used. (1917, ch. 471.) 

Ohio. — Licenses are required for fishing with devices other than hook and line in 
the Lake Erie district, and are issued by the secretary of agriculture (1435). The 
fees for fishing with gill nets are as follows: Rowboat, $4; sailboat, $6; gasoline boat, 
$12.50; and steamboat, $20. The fee for fishing trot lines is $1.50 for each rowboat; 
for each seine, $4; for each pound net, $3; and for each device of any other kind, 
$1.50 (1436). Metal tags must be used on devices other than gill net and hook and 
line, but are issued without charge (1438). 

Pennsylvania. — Licenses are issued by the department of fisheries. The fee for 
using a net in the lower Susquehanna or in tide waters is $2 (55). The fee for arti- 
ficial propagation is $10 (70). Fees for fishing in boundary lakes are as follows: For 
row or sail boat used in fishing with gill net, $5; other boat under 10 tons gross burden 
so used, $10, of 10 to 20 tons $15, of over 20 tons $20; for each pound net, $10; for other 
net or device (except lines having not more than 3 hooks, a spear for taking carp and 
suckers and trolling spoons) 50 cents to $5 as determined by the department. (1915, 
act 226.) Licenses for boundary waters shall not be issued to residents of a State or 
county (country?) whose laws prohibit the issuance of a license to residents of Penn- 
sylvania. (1913, act 71, sec. 14.) 

Tennessee. — Licenses are issued by clerks of the county courts; the fee is $2 for 
each net or basket (49). 

West Virginia. — Licenses for foreigners and nonresidents (angling and trot lining) 
are issued by county clerks; the fee is $5, but no license is required from nonresident 
owners or their children for fishing on their own land (42). 

Wisconsin. — Licenses are issued by the State conservation commission, through 
agents in the case of hook and line licenses and through the county clerks in other 
cases (29.09, 29.15). Fishing licenses of Minnesota and Iowa are accepted if those 
States reciprocate (29.16). Licenses are issued only to persons (29.09). 

Fees for nonresidents are as follows: Mussel fishing, $50 (29.38); hook and line 
fishing in inland waters for male fisherman over 16 years old, $1 (29.14); operating 
gill net in Great Lakes waters with steam vessel having steam lifter, $200, or, without 
steam lifter, $100. or with any other vessel not propelled by oars, paddle, or pole, $50, 
or a boat so propelled, $2 (29.33). 

Fees for residents or nonresidents in Great Lakes waters are as follows: Gill net or 
nets, or each pound net and leader (except as noted for nonresidents), $2; trap, fyke, 
drop net, or nets with leaders, or each seine, $5; each trammel net or set hooks, $1 
(29.33). 



FISH LAWS OP MISSISSIPPI AND OHIO RIVER STATES. 19 

Fees for fishing in the Mississippi River and Lakes Pepin and St. Croix are as fol- 
lows: Seines for first 500 feet, $1 a hundred, second 500 feet, $2 a hundred, third at 
$3, fourth at $4, fifth at $5, and 2,500 to 4,000 feet at $6 a hundred; gill nets for first 
2,000 feet, $5, and for each additional thousand feet $5; pound or hoop nets with 
700-foot leader and one pound, $5, and for each additional pound $5; bait nets, $1 
each. For these waters fishermen must give bonds (29.34). 

Fees for netting whitefish and cisco in inland waters is 50 cents (29.35); for taking 
rough fish in Winnebago waters, $5 to §50 (29.36); for using set lines, $1 (29.37). 

Metal tags are required for nets and set lines, a fee of 25 or 50 cents each being 
charged for most kinds of nets (29.33-29.37). 

VI. SHIPPING AND SELLING FISHERY PRODUCTS. 

Arkansas. — The transportation of game fish beyond the State ia limited to one 
day's catch, and requires the filing of an affidavit with a notary, justice, or other 
authorized officer (58, 59). The game and fish commission may permit fish to be 
shipped from the State for propagation purposes (7), and may permit fish to be sold 
and exported if privately propagated (8). 

Illinois. — Black bass shall not be sold nor, if taken within the State, pickerel or 
pike perch (41). These fish shall not be shipped, except not over 25 fish in one lot 
as baggage (43). Fish, except whitefish, lake trout, cisco, and yellow perch, shall 
not be snipped from April 20 to July 1, inclusive, nor frogs over a quarter of a pound 
from April 15 to July 1, inclusive (44). Shipments of fish must be marked to show 
contents and other facts (43, 45). Carriers are forbidden to receive from unlicensed 
dealers fish caught in the State (24). 

Indiana. — The transportation beyond the State, or the sale of pickerel, pike perch, 
yellow perch, sunfish, black bass, rock bass, or other species of bass, is forbidden, 
unless taken from private ponds, and except that a person may carry beyond the 
State 24 fish caught by himself (2533c, 2535). 

Iowa. — Game fish shall not be shipped from inland waters for the purpose of sale 
and any person shipping game fish must deliver to the carrier a sworn statement (2). 

Louisiana. — Black bass, striped bass , crappie, and sunfish shall not be sold (38). 
All shipments of fish and shipments without the State of diamond-back terrapin 
must be marked to show contents and other facts (41, 62). Diamond-back terrapin 
artificially propagated may be sold, but not for food, during the closed season (61). 
Fish packed in the State must not be labeled as produced outside the State. (1906, 
act 112.) 

Minnesota. — The sale or shipment of pike perch from stocked waters (4871), or of 
trout or salmon from inland waters, or of black bass (4870), or of fish caught in lakes 
in Hennepin, Ramsey, or St. Louis Counties (4876), is prohibited. The commission 
may prohibit the sale of crappie, yellow perch, or sunfish caught in stocked lakes 
(4877). Fish shall not be shipped beyond the State except specified rough fish and 
except not over 50 pounds taken by a nonresident for personal use; packages shall 
be marked to show contents and other facts. (4875, 1917, ch. 333.) 

Mississippi. — Boards of supervisors have authority to regulate by whom and in 
what quantities and to what extent fish may be marketed (4701). 

Ohio. — Black bass shall not be shipped out of the State or sold; rock bass, crappie, 
and sunfish shall not be sold (1429, 1430). Fish caught through ice shall not be sold 
(1427). "White bait" may be shipped out of the State only if alive; minnows may 
be sold only for bait (1433). Shipments of fish must be labeled (1444). 

Pennsylvania. — The sale of trout or black bass, whether caught in the State or 
elsewhere, is forbidden (110). 

West Virginia. — The sale or serving at licensed eating places of trout, salmon, 
pickerel, bass, and "silver perch" is prohibited ; also the shipment out of the State of 
these species, or the commercial shipment within the State (20, 45). 

Wisconsin.- — Shipments of wild animals, including fish, must be marked to show 
the contents and other facts, and the consignor must be the owner and must deliver 
to the carrier a statement that he is (29.34, 29.36, 29.43). The shipment of living 
young carp or bowfin is forbidden, and complicated regulations are made for the ship- 
ment of game fish (29.47). Transportation of fish into this State is forbidden if made 
from another State in violation of its laws (29.44). 

The sale of black bass, muskellunge, or trout is forbidden, also the sale of any other 
game fish taken from public inland waters during the period extending from the 1st 
day of January to the next succeeding 29th day of May (29.48). Game fish taken from 
public inland waters from January 1 to May 29 and trout shall not be served at eating 
places, nor frog during the closed season (29.49). 



20 FISH LAWS OF MISSISSIPPI AND OHIO RIVER STATES. 

VII. DEFINITIONS AND MISCELLANEOUS PROVISIONS. 

Arkansas. — The term " waters " is defined to include those wholly or partly within 
the State (56). Milldam owners must provide a fish chute, and owners of other obstruc- 
tions must make an opening to allow the passage of fish from March 1 to June 1. (1899, 
act 188.) 

Dealers must keep records of their transactions (20) ; they have five days after the 
end of the open season in which to dispose of fish (48). The game and fish commission 
may regulate private propagation (8). 

Illinois. — "Objectionable" fish is defined to mean gar and gizzard shad (51). 
Dam owners shall erect and maintain fish ways (49). Licensees to take mussels must 
report annually (58). 

Indiana. — Private pond is defined to include any body of water not greater than 
20 acres in area lying wholly within the land of the owner (2533c). Except dams, 
obstructions to fish movements shall not be placed across streams (2544, 2545) . Owners 
of dams 4 feet or more high must construct and maintain fishways as directed by the 
commissioner of fisheries (7442-7449). 

Iowa. — ' ' Game " fish is defined by the department of fish and game to include any 
food fish that takes a live bait. Cities and towns may prevent the escape of fish from 
boundary lakes (17) . Dams or obstructions shall not be erected or maintained without 
a fish way constructed according to plans furnished by the State warden; nor shall 
pumping stations, other than sand pumps or dredging machines, be operated without 
guard screens constructed according to plans so furnished (16). 

Kentucky. — Dam owners must maintain fish ladders during April, May and June, 
except where the "annual tides" are sufficiently high to admit the passage of fish 
over the dams (1392a). 

Louisiana.— Intake pipes for irrigation must be screened to prevent the entrance 
of fish, except on the Mississippi River (56). No person shall obstruct by means of 
rack, screen, or other device the passage of fish protected by law (53). 

Fish may be had in possession five days after the end of the open season (39) . Dealers 
must report to the department (35, 36). The department may adopt regulations 
for the comprehensive control of fish, and shall assist in protecting private ponds 
(1912, act 127, sec. 2); it mayprescribe regulations for stocked streams (51) and may 
regulate seines, hoop nets, and set lines (42). No spawn, fish, reptile, or amphibian 
except turtles from without the State shall be liberated without permission from the 
department. (50; 1918, house bill 120.) 

Game and fish preserves are established. (1910, act 273, and 1912, act 172.) 

Minnesota. — Persons owning or controlling dams or other obstructions must con- 
struct and maintain fishways (4772). Counties may screen navigable lakes that have 
been stocked by the United States. (1913, ch. 87.) For the purpose of commercial 
trout culture the game and fish commission may authorize the maintenance of fish 
screens (4861). 

It is unlawful to have fish in possession if unlawfully taken without the State (4785). 
Fish taken in international waters may be retained one week after the end of the fish- 
ing season. (1917, chs. 96 and 333.) 

Reports must be made to the commission by fishermen netting in international 
waters (1917, ch.96), clammers (1917, ch.471), and seiners in certain waters (1915, ch. 
261). 

Obstructing seiners is prohibited. (1917, ch. 452.) . ' 

Chapter 505 of 1917 provides for warden supervision of net fishing in interstate 
waters, but does not go into effect until a similar act is passed by Wisconsin. 

Missouri. — Fish may be had in possession five days after the end of the open season 
(6522). Persons owning or using dams shall construct fish ladders as prescribed by 
the game and fish commissioner, and shall keep them open March, April, May, and 
June if there is waste water available (6552). 

Ohio. — Lake Erie and inland fishing districts are respectively defined (1425). 

On petition of 500 or more freeholders the county commissioners shall erect or main- 
tain fishways over dams; on State dams this shall be done by the board of public 
works. (1910, Gen. Code, sec. 2496.) Except in Lake Erie, wardens may remove 
obstructions other than milldams (1448). 

Private ponds are excepted from the restrictions on the manner of capture (1456). 

Fishermen must allow State spawn takers on board and permit the taking of spawn 
(1455). Licensees must make annual reports (1437-1). 

Except shad, mackerel, and herring, all fish sold in barrels or casks must be inspected 
and branded; regulations are made as to size of barrel and other matters (5987, 6010- 
6019). Possibly these regulations relate to preserved fish only. 



FISH LAWS OF MISSISSIPPI AND OHIO RIVER STATES. 21 

Pennsylvania. — "Game" fish, "bait" fish and "food" fish are defined. (4-6; 
1913, act 71, sec. 1.) Trout and black bass may be retained in possession six days 
after the end of the open season (17). When required by the board of fishery commis- 
sioners dam owners shall erect and maintain fish ways (85-90). Dam owners must not 
strand fish (91). When required by the commissioners proprietors must install a 
bar rack to exclude fish from water wheels, pumps or canals (93-94). No person shall 
place obstructions to the passage of fish (95). 

Artificial propagation is regulated (19, 28, 38, 48, 62, 70-81, 114). Dealers may be 
required by the commissioner to make reports (112). Representatives of the State 
must be permitted to accompany licensees on boundary lakes for the purpose of taking 
spawn. (1915, act 226.) Fish from boundary lakes shall not be used for fertilizer 
without the consent of the department of fisheries. (1913, act 71, sec. 8.) 

Tennessee. — Obstructions shall not be placed in streams for the purpose of captur- 
ing fish (48). Certain counties are excepted from the operation of the general law, and 
special provisions of various sorts are made for more than half the counties of the State, 
as well as for Reelfoot Lake and the Appalachian Game Preserve. County courts may 
provide for fish traps. (Thompson's Shannon's Code, 1918, sec. 1721.) 

West Virginia. — Owners of dams and other obstructions must build and maintain 
fishways in a manner satisfactory to the State warden (43) . Fish may be had in posses- 
sion 20 days after the end of the open season (20) . 

Wisconsin. — Great Lakes waters are defined as "outlying" and all other waters as 
"inland" (29.01). Until the conservation commission otherwise determines, rough 
fish are: Minnows, suckers, carp, redhorse, drum, burbot, bowfin, gar, buffalofish, and, 
in certain waters, pickerel; game fish are all other kinds (29.01). 

Screens set in public waters to prevent the free passage of fish, or set in streams 
stocked by the State, are declared to be nuisances (29.03). Old and abandoned dams 
may be removed, and dams on State land may be repaired by the commission (29.04). 

Licensees for the Mississippi River and Winnebago waters are permitted to retain 
fish in temporary ponds (29.34, 29.36). Reports are required from licensees for the 
Great Lakes and the Mississippi River (29.33, 29.34). 

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